High Quality
Open the downloaded document, and select print from the file menu (PDF reader required).
•
THE
STATE
OFTEXAS
v.
JOHN
GREENCAUSE
NUMBER
1170853
IN
THE
177
TH
DISTRICTCOURT
OF
HARRIS
COUNTY,
TEXAS
STATE'S
MOTION
TORECONSIDERCOMES
NOW,
THE
STATE
OFTEXAS,
by
andthroughherundersignedAssistantDistrictAttorneysandrespectfullyrequeststhisHonorableCourt
to
reconsidertherulinggranting
the
defendant'smotiontitled
Motion
to
Holdthat
Texas
Code
of
CriminalProcedureArticle37.0[711
is
Unconstitutional.TheStaterespectfullysuggests
that
therulingdoes
not
conform
to
the
law
andwas
predicatedoninaccurateinformation.Insupportthereof,theStatewouldshow
that
thedefendantcited
UnitedStates
v.
Quinones,
205
F.
Supp.
2d
256
(S.D.N.Y.
2002),whichdeclared
the
deathpenaltyunconstitutional.
On
December10,2002,the2
nd
CircuitCourt
of
Appeals,in
United
States
v.
Quinones,
313
F2d
49
(2
nd
Cir.2002)reversedthatdecision.Additionally,hishonortook"judicialnotice"that"morethan200inmates
from
thecountry'sdeathrowshavebeenexonerated."Respectfully,theStatewouldargue
that
numberisinaccurate.
The
DeathPenaltyInformationCenterwebsitelists
139
exonerations.However,
that
includes
cases
thatwerereversed
for
somereasonandthe
cases
werenotretried
for
any
number
of
reasons.
The
number
.
.'-
also
includes
cases
that
wereoverturnedandretried
and
a
not
guiltyverdictwasreturned,whichdoesnotalwaysmeanactualinnocence,
it
just
means
that
theStatedid
not
meet
the
burden
of
proof.Therefore,the
139
number
is
not
anumber
of
cases
where
the
defendantwasfound
to
be
actuallyinnocent.Therehavebeenreviewsdone
of
theindividual
cases
that
show
less
than30
of
these
cases
weretrueexonerations.Further,theInnocenceProjectlistsapproximately240exonerations.However,
that
isa
\1st
of
defendantswhere
DNA
testingled
to
theirreleaseand
it
includesdefendants
not
underadeathsentence.Approximatelyten
of
those240wereondeathrow.Further,
as
JusticeScalia
wrote
InaconcurringopinionIn
Kansas
v.
Marsh
548
US
163
(2006):
"It
shouldbenoted
attheoutsetthat
the
dissentdoes
not
discussasinglecase-notoneInwhich
It
Is
clear
that
apersonwasexecuted
for
acrimehe
did
not
commit.
If
suchaneventhadoccurredInrecentyears,wewould
not
have
tohuntfor
it;
the
Innocent'snamewouldbeshoutedfrom
the
rooftops
bythe
abolitionlobby.Thedissent
makesmuch
of
the
new-foundcapacity
of
DNAtesting
to
establishInnocence.ButIn
every
case
of
anexecuteddefendant
of
which
I
am
aware,
that
technologyhas
confirmed
guilt."This
opinion
alsodiscussed
the
thoroughreview
that
alldeath
penalty
casesreceive
to
Insure
that
anInnocentpersonis
not
executed.
Add a Comment